NAGINDER SINGH Vs. CHIEF SETTLEMENT COMMISSIONER PUNJAB JULLUNDUR

JUDGEMENT

(1.) NATHA Singh, a displaced person from West Pakistan, held some land in the province of Sind. In lieu thereof he was allotted 21. 141/2 standard acres of land in village Lutera Khurd, Tehsil and District Jullundur, on his representation that he had abandoned 72 acres of non-perennial canal irrigated land in Sind. His claim was, however, verified on oral evidence of 70 acres and 16 Marlas. It subsequently came to the light that in calculating the area to the allotment of which he was entitled in India wrong valuation had been adopted, since the land on his own showing was non-perennial and it ought to have been evaluated at the rate of 7 annas per acre and not 11 annas per acre. Accordingly, modifying the original order he was held entitled to 17. 14 1/2 standard acres.

(2.) ON the receipt of the relevant Jama bandis, the matter was reopened and the chief Settlement Commissioner by his order dated 3rd of March, 1964 (Annexure 'b') held that Natha Singh was entitled to 9. 133/4 standard acres only. As in the meantime he had acquired proprietary rights in 8. 3/4 standard acres, it was directed that those rights shall stand cancelled. This order was passed in the absence of the claimant Natha Singh. It appears that his failure to appear before the authorities was because of his death. Accordingly, his son Naginder Singh (who had instituted this petition but is now dead and represented by his widow smt. Harbans Kaur and others) applied for reopening the matter. After hearing him the Chief Settlement Commissioner found that Natha Singh was entitled to 10. 11 standard acres and the area to the extent of 7. 31/2 standard acres was in excess in the hands of Naginder Singh, who claimed to have succeeded Natha singh. It is against this order dated 16th November, 1964, that Naginder Singh feeling aggrieved approached this Court under Arts. 226 and 227 of the constitution.

(3.) THERE is no dispute that the land that the petitioner had abandoned in Sind was a Military grant and if he was full owner of the same having made all payments to the Government, he was entitled to the allotment of 17. 14 1/2 standard acres in india in lieu thereof. In holding that the area allotted to Natha Singh was in excess to the extent of 7. 3 1/2 standard acres, the Chief Settlement Commissioner has relied upon the fact the jamabandis received from Pakistan indicated that Natha singh has never become the full owner of the land that he held in Sind but was holding the land on zamindari shariyat, implying certain restrictions on transfer, and non-payment of a part of the amount that was due to the Government.